A FACT-FINDING MISSION IN KURDISTAN, IRAQ: GAPS IN THE HUMAN RIGHTS INFRASTRUCTURE
Prior to conducting the series of fact-finding missions that form the basis of this report, KHRP last sent a mission to Kurdistan, Iraq, in 2003, shortly after the United States-led war against Saddam Hussein. This mission resulted in a detailed report entitled After the War: The Report of the KHRP Fact-Finding Mission to Iraqi Kurdistan (KHRP, October 2003). This focused on the humanitarian situation in the region, the ability of civil society organisations to engage in capacity building, the ongoing consolidation of the legal system and the building of a politically viable infrastructure, as well as the overall conduct of the occupation forces. The building of structures essential to human rights protection was underlined as being of paramount importance.
More than four years later, the situation in Kurdistan, Iraq, looks markedly different. The infrastructure, administration and legal system have all largely improved, with such relative stability making it distinct in an otherwise volatile region. A limited degree of economic prosperity and relative calm in Kurdistan, Iraq, have allowed the KRG to better concentrate on development. At the same time, the unification of much of the two administrations, the Patriotic Union of Kurdistan (PUK) with the Kurdistan Democratic Party (KDP), has served to ease long-standing tensions. However, as the missions learned, Kurdistan, Iraq, remains in a precarious and difficult position... Contents
LIST OF ABBREVIATIONS / 11
FOREWORD / 12
EXECUTIVE SUMMARY / 15
1. BACKGROUND / 19
1.1 The Kurds in Iraq / 19
1.2 The Kurdistan Regional Government / 22
1.3 The KRG Post-2003 and the New Iraqi Constitution / 24
2. HUMAN RIGHTS IN KURDISTAN, IRAQ, AND OBSTACLES TO DEVELOPMENT/ 29
2.1 Democratic Institutions, Corruption and the Effect on Wider Human Rights Issues / 29
2.2 Women’s Rights / 37
2.3 Minorities / 47
2.4 Freedom of Expression / 51
2.5 Prison and Detention / 57
2.6 Summary / 61
3. KIRKUK AND OTHER ‘DISPUTED AREAS’ / 63
3.1 Introduction / 63
3.2 Article 140 and the ‘Normalisation’ Process / 64
3.3 Insurgency and Violence: The Post-2003 Situation / 67
3.4 Kurdish Activity in the ‘Disputed Areas’ and Allegations of Abuse / 70
3.5 Summary / 73
4. MILITARY INCURSIONS / 75
4.1 Introduction / 75
4.2 Historical Background and Context of the Attacks / 76
4.3 Chronology of Events in the Past Year / 78
4.4 International Law / 80
4.5 Civilian Impact / 81
4.6 Relations with Iran and Syria / 85
4.7 Summary / 86
5. CONCLUSION / 89
6. RECOMMENDATIONS / 91 1.1 The Kurds in Iraq
The question of autonomy
Since its foundation in the aftermath of the collapse of the Ottoman Empire, Iraq has been an extremely diverse country in terms of religions, ethnicities and politics.1 In many ways it has been the interplay and rivalries between various religious and ethnic groups for political control and influence that has shaped Iraqi politics ever since the state’s inception. The Kurds, denied a state in the aftermath of the First World War2, have long been central to this interplay.
From the foundation of the Iraqi state, the largely Kurdish north’s relationship with Baghdad was characterised by a mixture of revolt and rapprochement, with uprisings occurring against the central government in 1923, 1924, 1930, and 1943.3 The emergence of a political leader in Mullah Mustafa Barzani in the 1950s led to a more organised Kurdish bloc seeking greater autonomy vis-à-vis the central Iraqi government. Throughout the upheavals of the 1958 revolution and the 1963 Baathist coup Barzani’s peshmerga militia were in de facto control of much of the north of Iraq, attracting a prolonged bombing campaign by the central government which lasted until as late as 1975... A FACT-FINDING MISSION IN KURDISTAN, IRAQ: GAPS IN THE HUMAN RIGHTS INFRASTRUCTURE
Kurdish Human Rights Project
11 Guilford Street
London
WC1N 1DH, UK
Tel: +44 (0) 207 405-3835
Fax: +44 (0) 207 404-9088
khrp@khrp.org
www.khrp.org
Kurdish Human Rights Project is an independent, non-political human rights organisation founded and based in London, England. A registered charity, it is dedicated to promoting and protecting the human rights of all people in the Kurdish regions of Turkey, Iraq, Iran, Syria and elsewhere, irrespective of race, religion, sex, political persuasion or other belief or opinion. Its supporters include Kurdish and non-Kurdish people.
Bar Human Rights Committee of England and Wales
Garden Court Chambers
57-60 Lincoln’s Inn Fields
London, WC2A 3LS, UK
Tel: +44 (0) 7993 7755
Fax: +44 (0) 207993 7700
bhrc@compuserve.com
www.barhumanrights.org.uk
The Bar Human Rights Committee is the international human rights arm of thee Bar of England and Wales. It is an independent body primarily concerned with the protection of the rights of advocates and judges around the world. It is also concerned with defending the rule of law and internationally recognised legal standards relating to the right to a fair trial. The remit of the BHRC extends to all countries of the world, apart from its own jurisdiction of England & Wales.
Layout & Design: Torske & Sterling Legal Marketing
www.torske.co.uk
Keywords: Iraq, Kirkuk, freedom of expression, women, conflict, detention, minorities, corruption
Printed in Great Britain
July 2008
Published by KHRP (London)
ISBN: 978-1-905592-20-3
All rights reserved | 
